Parental Responsibility

Parental responsibility refers to a parent's legal rights and duties towards their child. This includes making important decisions about the child’s education, health, religion, and general welfare. While mothers automatically gain legal parental responsibility at birth, the position can be more complex for fathers, step-parents, and others involved in a child’s life.

At T G Baynes, our experienced parental responsibility solicitors offer practical, sensitive advice tailored to your situation. Whether you want to obtain a parental responsibility order, create a parental responsibility agreement, or understand how to challenge or limit someone else’s involvement, we can guide you through every step.

We support clients throughout Bexleyheath, Dartford and Orpington, helping parents and carers resolve disputes and clarify their rights in a way that always prioritises the child’s best interests. When you choose our child law solicitors, you’re choosing more than a lawyer – we’re a true partner with your best interests constantly at heart.

Contact our resident parental responsibility solicitors in Dartford, Bexleyheath and Orpington

Whether you're applying for parental responsibility, need help resolving a disagreement, or want to explore your legal options, our family law team is here to help. Speak to our expert parental responsibility solicitors in Dartford, Bexleyheath, or Orpington by calling 020 8301 7777 or filling in our online enquiry form.

Our parental responsibility solicitors’ fees

We aim to keep our costs consistently transparent and manageable. Some parental responsibility matters, such as straightforward agreements, can be dealt with on a fixed-fee basis. More complex cases, like contested applications or proceedings involving safeguarding concerns, may be charged at an hourly rate.

Our family law solicitors will always provide clear cost estimates at the outset, so you understand your likely expenses. Where court proceedings are required, we’ll explain any additional costs, including application fees or expert reports, ensuring you’re fully in control at all times.

For more information about our approach to charges in family law cases, please refer to our solicitors’ fees here.

Why work with our parental responsibility solicitors?

We understand how important it is to feel confident and supported when dealing with your parental rights. When you're looking to obtain, share, or remove parental responsibility, you need care, trust and responsibility, which is what our success is founded on.

When you work with the team at T G Baynes, you’ll benefit from:

• Clear, realistic advice focused on your child’s welfare
• Assistance with applying for a parental responsibility order or creating a formal agreement
• Step-by-step guidance for resolving disputes through mediation or court
• Representation for applications to restrict parental responsibility or gain sole parental responsibility
• Membership with Resolution, promoting cooperative and constructive family law solutions

Our goal is to provide reassurance, clarity, and a legal outcome that supports the stability and well-being of your child. Rest assured that with T G Baynes, your case is in the best hands.

Our parental responsibility services

Parental Responsibility Orders

If you do not automatically have legal parental responsibility, you can apply to the Family Court for a Parental Responsibility Order. This is common for unmarried fathers whose names are not on the birth certificate, step-parents, or second female parents.

When making a decision, the court considers several factors, including the applicant’s level of involvement in the child’s life, their commitment to the child, and the potential benefit to the child of granting the order. A successful application gives you the legal right to make important decisions affecting the child’s upbringing.

Our solicitors will guide you through each stage of the process, from preparing your application and gathering supporting evidence to representing you at any required hearings. Once an order is granted, we’ll also explain your rights and responsibilities, so you feel fully informed.

Parental Responsibility Agreements

In cases where all parties agree, a parental responsibility agreement is a faster and more amicable way to establish legal parental rights without going to court. This is a legally binding document signed by the child’s mother and the person applying for parental responsibility, and it must be filed with the Central Family Court to take effect.

These agreements are most common between unmarried fathers and mothers, or between step-parents and birth parents. Our team will draft the agreement for you, ensure it complies with legal requirements, and help you formalise the arrangement.

Where necessary, we’ll also advise on how such agreements interact with other arrangements, such as lived with or shared care orders, ensuring you have the best chance of maintaining positive relationships between children and both parents.

Removing or restricting parental responsibility

In some rare circumstances, such as where a parent poses a risk to the child’s welfare, it may be appropriate to explore removing parental responsibility or restricting parental responsibility. These cases are sensitive and complex, and the courts will only consider such orders where they serve the child’s best interests.

Our solicitors can advise on whether this is a suitable course of action and represent you through the legal process. We can also assist when two parents hold joint responsibility but disagree on important issues such as schooling or medical care. Here, we can help you apply for a Specific Issue Order or Prohibited Steps Order to resolve the dispute in such cases.

Parental responsibility FAQs

What is parental responsibility?

Parental responsibility is a legal concept that defines a parent's rights and obligations towards their child. This includes making key decisions about the child's:

• Living arrangements
• Education
• Medical treatment
• Religious upbringing
• General welfare

It does not dictate day-to-day contact, but underpins the legal authority to be involved in the child’s life.

Who has parental responsibility?

A child’s mother automatically has legal parental responsibility from birth. Fathers married to the mother at the time of birth also automatically have it.

Unmarried fathers can acquire it by being named on the birth certificate, through a parental responsibility agreement, or by applying to the court for a Parental Responsibility Order.

Step-parents, second female parents, and guardians can also apply for parental responsibility under certain conditions.

Can a mother lose parental responsibility?

It is extremely rare for a mother to lose parental responsibility, but it is legally possible in exceptional cases. This would typically involve evidence of serious harm or risk to the child, such as abuse, neglect, or long-term abandonment. The court would only grant such an order if it is clearly in the child’s best interests and no lesser option is suitable.

Do step-parents have parental responsibility?        

Step-parents do not gain parental responsibility automatically by marrying or entering a civil partnership with a child's parent. However, they can obtain it by entering into a parental responsibility agreement (with the consent of all existing holders of parental responsibility) or by applying to the court.

Step-parents with parental responsibility can legally participate in decisions about the child, which is particularly useful in blended families.

How to get a Parental Responsibility Order?

You can apply for a Parental Responsibility Order by completing and submitting a C1 application form to your local Family Court.

The court will consider your relationship with the child, your involvement in their life, and whether it is in the child’s best interests for you to have legal parental rights.

In most cases, you will also need to attend a Mediation Information and Assessment Meeting (MIAM) before making the application, unless an exemption applies.

How long does a Parental Responsibility Order take?

The timeframe depends on whether the application is agreed or contested. A straightforward application where both parents consent may take around 6–12 weeks from submission to final order, but a contested application or complex factors may mean that the order takes several months and involve multiple hearings.

How much is a parental responsibility order?

The current court application fee for a parental responsibility order is £232 (as of 2025), though this may change.

Contact our resident parental responsibility solicitors in Dartford, Bexleyheath and Orpington

Whether you're applying for parental responsibility, need help resolving a disagreement, or want to explore your legal options, our family law team is here to help. Speak to our expert parental responsibility solicitors in Dartford, Bexleyheath, or Orpington by calling 020 8301 7777 or filling in our online enquiry form.